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rekha   26 April 2020

Marriage without divirse

I and my 1st husband got written divorse in front of elders.not through court in 2014.

I married in USA in 2019 and statying in USA.

My 1st husband got my 2nd marriage certificate registered in USA  and planning to file cheating and bigamy

Query1 :Please advice if I can protect from cases by showing document written in elders

Query 2:Can I files any cases against my 1st husband like 498A,DV

How to protect please advice



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 9 Replies

rekha   26 April 2020

How to protect from bigamy and cheating please advice 

 

rekha   26 April 2020

Sir he is not listening to me.not speaken since 6 years

Please guide how to protect from cases cheating and bigamy

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     26 April 2020

Simply written documents before the elders will not count for an actual divorce at all. You will have to go through a proper process for that as the second marriage is illegal since the first one is still valid. For 6 years your 1st husband has not talked to you. Therefore, you can take the ground of desertion (Factum Deserendi and Animus Deserendi) here if possible. you cannot file any case related to 498A or DV here. 

Kindly refer to a physical legal counsel for your case for a better expedition of this situation. 

Shreya Saxena

rekha   26 April 2020

THanks Shreya for your reply.How to face  cases cheating and bigamy.Since my 1sta husband allready filed private complaint

Since I being women any chance of me escape from jail term regarding cheating and bigamy

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 April 2020

amicably settlement is the only option you have

bigamy can be proved easily by that certificate

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     30 April 2020

Marriage a second marrige during subsistence of a valid marriage is am offence of bigamy under IPC. Written agreement executed before elders is a null and void and nonest in eye of law and is not binding between the spouses. Try to settle the matter amicably without abusing process of law. Regards Balachander Reddy Advocate Hyderabad. 9959850723

Kavya Sreejith   13 May 2020

Greetings!

The earlier marriage is subsisting and hence, the subsequent marriage is an act of bigamy. To read more about bigamy, the following article might be of help, https://www.lawyersclubindia.com/articles/polygamy-and-the-indian-law-8465.asp

To continue in the second marriage, the first marriage must end through court. For the same, in your case, desertion may be the ground. To know more about desertion, you may read :https://www.lawyersclubindia.com/articles/desertion-as-a-ground-of-divorce-9567.asp

Regards

Kavya Sreejith

Sudhir Kumar, Advocate (Advocate)     18 May 2020

at tis stage you can only beg for mercy.

rekha   19 May 2020

but sir I hear judge will not sentence jail to women and most of bigamy cases no  jail only fine for women.Please guide how can I escape from jail


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